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(영문) 창원지방법원 통영지원 2015.04.30 2015고단188
건설기계관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in construction machinery maintenance business under the trade name “C” in Jinsung-gun B.

Any person who intends to operate construction machinery business shall register with the competent authority for each type of business, as prescribed by Presidential Decree.

Nevertheless, at around 16:30 on October 24, 2014, the Defendant, without registering construction machinery business to the competent authority, dismantled the unit pumps of D concrete mixtures trucks, which are construction machinery, and repaired the said trucks.

Accordingly, the defendant did construction machinery maintenance business without being registered with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as illegal maintenance site photographs;

1. Article 40 subparagraph 4 of the Construction Machinery Management Act and Article 21 (1) of the same Act concerning facts constituting a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., that a person repents and reflects his mistake, and that a person satisfies the requirements under the Construction Machinery Management Act after committing the instant crime and registers it);

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